The Trial...:What The @#*$ Day Is It?

Settlement talks have come to a stalemate at a number that is below what we can accept. So, we are moving ahead with the trial.

Today was the urologist and psychiatrist. I attended. Not a thrilling day.

Tomorrow is Tugboat in the morning, then the Nurse Case Manager (and author of The Lifecare Plan), then I go. I'll be prepping tonight until who knows when.

Wednesday is our economist and then our case is rested. The defense is only putting up three witnesses, so they are estimating we will be finished by the end of the week.

Our lawyers are totally baffled because it seems like the defense is not mounting a defense. He doesn't write notes. He doesn't cross-examine. He looks bored. It must appear to the jury like he's going to pull some huge smoking gun out of his hat at the end. But, he isn't. It's the weirdest thing. I keep asking if his lame representation could affect us at all and our lawyers assure me it won't.

The Bird is like the frayed end of an old, broken rope. She's fried. She's edgy, weepy, whiny, needy, nasty and generally miserable. I keep making apologies for her, but I shouldn't because OF COURSE SHE IS. I am too. I'm just a little better and keeping it together.

I would not worry about the behavior of the defense attorney. Most likely, he is under orders to see this thing through to the end because his client has very little incentive to settle at this point and is just hoping you will accept a lowball settlement offer or somehow end up with a relatively low damages award.

It's also possible that he believes putting up more of a fight at this stage will just drive up the damages award by generating more sympathy for your side (big company picking on little guy and all that).

And ineffective assistance of counsel is only a potential appellate issue in criminal cases.

You probably know all of this already...just thought it might be helpful to know that another lawyer shares the same perspective (even thought it is based on the limited information I read here).